On 1 January 2026, new provisions related to hiring temporary workers came into force in Germany. These regulations also apply to temporary workers posted by temporary employment agencies to work in this country.
1. New regulation
Until now, issues related to hiring temporary workers have been regulated by the iGZ/DGB and BAP/DGB collective agreements. The merger of the iGZ and BAP temporary work employer associations into a single one, GVP (Gesamtverband der Personaldienstleister e.V.), resulted in the development of uniform rules which took the form of the following legal acts:
- Manteltarifvertrag GVP, MTV GVP for short – GVP Framework collective agreement;
- Entgeltrahmentarifvertrag GVP, ERTV GVP for short – GVP Framework collective agreement on remuneration;
- Entgelttarifvertrag GVP, ETV GVP for short – GVP Collective agreement on remuneration.
2. Application of new collective labour agreements to employment contracts concluded before the entry into force of the new provisions
In employment contracts with temporary workers, concluded before the entry info force of the new provisions, particular attention should be given to the wording of the clause concerning the application of collective agreements specific to the temporary employment industry. If it is formulated in such a way that the iGZ-DGB or BAP/DG in ″the each time valid version″ applies, the new provisions will automatically be valid from 1 January 2026. In the event that the clause is worded differently, it’s necessary to annex the contract and indicate the collective agreement applicable from 1 January 2026.
3. Change in the rules for hiring temporary workers
The new provisions introduce numerous changes to the rules concerning the employment of temporary workers. Below, we’ll briefly present the most important ones:
3.1 Textual form of the contract
It has become admissible to conclude an employment contract with a temporary worker for an indefinite period in textual form (e.g. by e-mail). However, fixed-terms contracts must still be concluded in writing.
3.2 Notice periods
The agreements introduce the following notice periods for contracts concluded with temporary employees:
- during the first 3 months of employment, the notice period is 1 week;
- in the event that termination occurred between the fourth and sixth month of employment, the notice period is 2 weeks;
- if the notice takes place after 6 months of employment, the general provisions apply.
An employment contract may stipulate that if termination occurs during the first 2 weeks of employment, the notice period will be 1 day. The clause in question may only be included in contracts with new workers.
3.3 Fixed working-time standard
The introduction of a fixed monthly working-time standard constitutes a novelty. It amounts to 151.67 hours. This corresponds to an average weekly working time of 35 hours.
The change in question is very significant. By introducing a fixed monthly working time standard, temporary employees are guaranteed a fixed gross monthly salary. Indeed, workers are entitled to a gross monthly remuneration established as the product of the fixed monthly working time standard and the grade of classification. The amount of salary doesn’t depend on the number of hours the employees actually worked and on the number of working days in a given month.
3.4 Working time account
The obligation to maintain a working time account for each temporary worker has been imposed on temporary employment agencies. It’s impossible to be exempt from the responsibility in question.
Information on the maintenance of a working time account shall be included in the employment contract.
In principle, the working time account will be settled through the use of time off.
An employee will be able to accumulate a maximum 200 of extra hours on his/her working time account. However, when the balance of this account exceeds 150 additional hours, the employer is obligated to secure the working time account against insolvency. The proof of account security shall be presented to the employee. In the event that the proof isn’t presented, the account in question can have a maximum of 150 extra hours, and the worker isn’t obligated to provide overtime.
After 12 months of work, it’s necessary to balance the working time account. The employment contract may include a provision that the working time account will be balanced at the end of the year, regardless of when the worker’s employment relationship began. However, such a decision must be included in the contracts with all employees in order to be effective.
3.5 Overtime remuneration
Overtime pay is due for working hours that exceed the monthly working-time standard increased by 15%. This remuneration is payable only for full working hours and constitutes 25% of the hourly rate determined in the collective labour agreement.
3.6 Night work allowance
Night work is defined as work between 11 p.m. and 6 a.m.
The amount of the night work compensation is determined by the user employer’s regulations. However, it can’t exceed 25% of the hourly rate specified in the collective labour agreement.
The right to the night work compensation is granted regardless of how many hours an employee has worked at night. Therefore, there is no longer a requirement for an employee to work at least 2 hours at night on a given day in order to qualify for a night work allowance.
3.7 Supplement for work on Sundays and public holidays
According to the new regulation, work on Sundays and public holidays is considered that one performed on Sundays or public holidays between 0:00 and 0:00. The amount of the supplement for work on these days is determined by the provisions in force at the user employer. However, the maximum amount is:
- 50% of the hourly rate specified in the collective labour agreement for work on Sunday;
- 100% of the hourly rate specified in the collective labour agreement for work on public holidays and on Christmas Eve and New Year’s Eve after 2:00 p.m.
3.8 Leave
The duration of holiday leave to which a temporary worker is entitled is calculated on the basis of continuous period of employment. The worker has the right to holiday leave as follows:
- 25 working days of holiday leave in the first year of employment,
- 27 working days of holiday leave in the second and third year of employment,
- from the fourth year of employment – 30 working days.
If a worker leaves his/her job within the first six months of employment, he/she is entiled to leave in accordance with the Federal Leave Act.
3.9 Experience allowance
The experience allowance constitutes a novelty. It replaces the seniority bonus with the same user employer.
A worker acquires the right to an experience allowance if he/she meets two conditions:
- he/she has been employed by a given temporary employment agency for at least 12 months, and
- he/she has been working for a specific user employer for at least 9 months.
The above periods of employment must be uninterrupted. Periods of suspension of employment relationship aren’t included in the period of continuous employment.
Gaps in employment exceeding 3 months reset the aforementioned periods.
The experience allowance is:
- 1,5% after 9 months of continuous work with the user employer;
- 3% after 12 months of continuous work with the user employer.
4. Transitional provisions
Transitional provisions apply to employment agencies that were members of GVP on 31 December 2025. However, their application is limited in time. For example, until 31 December 2029, a variable working time model depending on the number of working days may be used, instead of the fixed working-time standard.
5. Legal notice
The study is a work within the meaning of the Act of 4 February 1994 on Copyright and Related Rights (OJ 2006, No. 90, item 631, consolidated text, as amended). Publishing or reproducing this study or its part, quoting opinions, as well as disseminating in any other way the information contained therein without the written consent of Crede sp. z o.o. is prohibited.
